Starting level and typical ranges
These ranges use the starting level alone, before any of the facts listed below, for someone with no criminal record unless the column says otherwise. Most real cases add levels.
| Starting point | Level | Trial | Guilty plea | Plea + zero-point | Category IV, plea |
|---|---|---|---|---|---|
| Sexual abuse or aggravated sexual abuse, other than under 18 U.S.C. §2241(c) | 30 | 97–121 months | 70–87 months | n/a | 100–125 months |
| Convicted under 18 U.S.C. §2241(c) | 38 | 235–293 months | 168–210 months | n/a | 235–293 months |
The 2-level zero-point reduction is not available for this kind of offense (§4C1.1).
What changes the sentence
Each of these facts moves the offense level under §2A3.1. Adjustments that apply to every offense, such as role in the offense, obstruction, a guilty plea and criminal history, come after these.
| Fact | Effect | Rule |
|---|---|---|
| Did the offense involve force, serious threats, or making the victim unconscious or impaired: Yes | +4 | §2A3.1(b)(1) |
| How old was the victim: 12 to 15 years old | +2 | §2A3.1(b)(2) |
| How old was the victim: Under 12 years old | +4 | §2A3.1(b)(2) |
| Was the victim in the person's care, or held in a correctional facility: Yes, the victim was in the person's custody, care or supervisory control | +2 | §2A3.1(b)(3) |
| Was the victim in the person's care, or held in a correctional facility: Yes, the victim was held in the custody of a correctional facility | +2 | §2A3.1(b)(3) |
| Did the victim suffer serious physical injury beyond the sexual abuse itself: Serious bodily injury | +2 | §2A3.1(b)(4) |
| Did the victim suffer serious physical injury beyond the sexual abuse itself: Between serious and permanent or life-threatening injury | +3 | §2A3.1(b)(4) |
| Did the victim suffer serious physical injury beyond the sexual abuse itself: Permanent or life-threatening bodily injury | +4 | §2A3.1(b)(4) |
| Was the victim abducted: Yes | +4 | §2A3.1(b)(5) |
| Was a false identity or a computer used to lure a minor, or to arrange travel for the conduct: Yes, someone involved knowingly lied about who they were | +2 | §2A3.1(b)(6) |
| Was a false identity or a computer used to lure a minor, or to arrange travel for the conduct: Yes, a computer or online service was used | +2 | §2A3.1(b)(6) |
Important details
- Aggravated sexual abuse of a child under 18 U.S.C. §2241(c) carries a mandatory minimum of 30 years in prison, and life with a prior qualifying conviction. The calculator applies this minimum to the result (where it asks which conviction, only when the matching one is selected), but not longer terms that depend on prior convictions or on a death. When a minimum is higher than the guideline range, the statute controls, unless the government files a motion for substantial assistance (18 U.S.C. §3553(e)).
- If a victim was killed in circumstances that amount to murder, the first-degree murder guideline applies if it gives a higher level (§2A3.1(c)(1)).
- If the offense involved causing a minor to engage in sexually explicit conduct to produce a visual depiction, the production guideline (§2G2.1) applies if it gives a higher level (§2A3.1(c)(2)).
- If the offense happened in a prison or other correctional facility and the victim was a prison official, the official victim adjustment applies (§2A3.1(d)(1); §3A1.2(c)(2)).
- This guideline already covers attempts, so the usual 3-level attempt reduction does not apply.
- A victim can be an undercover law enforcement officer (§2A3.1, note 1).
Frequently asked questions
What is the base offense level for criminal sexual abuse?
The guideline for criminal sexual abuse is §2A3.1 of the federal Sentencing Guidelines. Before any adjustments, its starting level depends on the facts: from level 30 to level 38. The table on this page lists each starting point.
What is the guideline range for criminal sexual abuse with no criminal history points and a guilty plea?
Using the first starting point in the table on this page (level 30) alone, a person with no criminal history points who pleads guilty scores 70–87 months (5 years, 10 months to 7 years, 3 months). A conviction under 18 U.S.C. §2241(c) carries a 30-year mandatory minimum, which controls when it is higher than the range. The facts listed under “What changes the sentence” can add levels, and the judge can sentence outside the range, but not below a mandatory minimum that applies.
Is probation possible for criminal sexual abuse?
Not under the guidelines. Even at the first starting point in the table with a guilty plea the range is in Zone D, where the minimum must be served in prison. A judge may vary below the range, but not below a mandatory minimum that applies.
Is the calculator accurate for criminal sexual abuse?
It follows §2A3.1 of the Guidelines Manual effective November 1, 2025. It passed 5 review rounds, each comparing every number, rule and label with the manual text, and its last round found nothing to correct. Those reviews were done with AI tools, not by lawyers, and it has not yet been reviewed by an attorney, so mistakes are possible. The guidelines are advisory, and a lawyer who knows the case can tell you what actually applies.
Related offenses
- Sexual Abuse of a Minor (Statutory Rape)Committed a sexual act with a minor aged 12 to 15, or attempted toVerified
- Sexual Abuse of a Ward or Person in CustodyCommitted a sexual act with a person held in official custodyVerified
- Abusive Sexual ContactHad abusive sexual contact with someone, or attempted toVerified
- Failure to Register as a Sex Offender (SORNA)Did not register or update a sex offender registrationVerified
- Aggravated Sex Offender Registration OffensesCommitted a serious new crime while required to registerVerified
- Promoting Commercial Sex (Adult)Promoted or arranged commercial sex acts involving an adultVerified
- Sex Trafficking or Enticement of a MinorEnticed, transported or trafficked a minor for illegal sexual conductVerified
- Production of Child Sexual Abuse MaterialUsed a minor to produce sexually explicit materialVerified